Indexing

Abstract

This chapter deals with indexing. Indexing is typically engaged in by internet service providers of different kinds, such as search engines, content aggregators, and online content sharing platforms, including social media. Indexing is the background process that tries to achieve greater accessibility of the content on the internet. However, this process may engage the right of reproduction and the right of communication to the public, and therefore, must be considered separately. Based on the indexing capabilities and to facilitate deeper analysis, this chapter classifies the providers into search engines, content sharing platforms, news aggregators and other content aggregators. The chapter explains how courts have tried to deal with this issue and argues for a greater role of implied licences to address the issues of copyright infringement. While indexing of content that is placed on the internet by or with the copyright owner’s consent can benefit from consent-based implied licence, indexing of the content that is placed on the internet without the copyright owner’s consent may benefit from a policy-based implied licence, saving them from liability for indexing infringing content under certain circumstances.